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Taking or Use Vehicle Without Owner’s Consent

Fraud / Dishonesty / Theft Offences – VIC

Welcome to the VIC Taking or use vehicle without owner’s consent article page. Everything you need to know about Taking or use vehicle without owner’s consent according to VIC law.

What the Law States according to VIC Law for Taking or use vehicle without owner’s consent

According to VIC Law for the charge of Taking or use vehicle without owner’s consent,

Summary Offences Act 1966 – SECT 38
Taking or using vehicle without consent of owner etc.

38. Taking or using vehicle without consent of owner etc.

(1) Any person who takes or in any manner uses a vehicle (including a bicycle but not including a motor vehicle within the meaning of the Road Safety Act 1986) or a boat ship or other vessel the property of any other person without the consent of the owner or person in lawful possession thereof
shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) Nothing in this section shall affect any other liability civil or criminal of any person guilty of an offence against this section.

The Maximum Penalty – Taking or use vehicle without owner’s consent

According to VIC Law for the charge of Taking or use vehicle without owner’s consent, 3 months imprisonment.

What the Police must prove according to VIC Law for Taking or use vehicle without owner’s consent

(a) The accused took or used in any manner a vehicle, boat or other vessel.
(b) At the time, it was the property of another person.
(c) The accused did not have the consent of the owner of the property or person in lawful possession.

Possible Defences under VIC Law – Taking or use vehicle without owner’s consent

(a) Consent
(b) Duress
(c) Factual dispute
(d) Honest and reasonable mistake of belief
(e) Identification dispute
(f) Lack of intent
(g) Necessity

In VIC which court will hear the matter – Taking or use vehicle without owner’s consent

Magistrates’ Court

 

Date: 09/01/2009

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